UsT Congress, I SENATE. j Document 

1st Session. \ ") No. 28. 



\rTi- 



MAIJVTAINING STATE MILITIA DURING THE CIVIL WAR. 



LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS 
TRANSMITTING A COPY OF THE FINDINGS OF THE COURT IN 
THE CASE OF THE STATE OF OREGON AGAINST THE UNITED 
STATES. 



May 4, 1909. — Referred to the Committee on Claims and ordered to be printed. 



\X'^ Court of Claims, Clerk's Office, 

Washington, April 30, 1909. 
Sir: Pursuant to the order of the court I transmit herewith a certi- 
fied copy of the findings of fact filed by the court in the aforesaid 
cause, which case was referred to this court by the resolution of the 
United States Senate, under the act of March 3, 1887, known as the 
Tucker Act. 

I am, very respectfully, yours, 

John Randolph, 
Assistant Cleric Court of Claims. 
Hon. James S. Sherman, 

President of the Senate. 



[Court of Claims of the United States. Congressional, No. 13852. The State of Oregon v. The United 

States.] 

STATEMENT OF CASE. 

This is a claim for money alleged to have been expended by the State of Oregon in 
recruiting and paying bounty to state volunteers in the United States service, and 
for recruiting, equipping, and maintaining state militia diu*ing the civil war. The 
claim was presented to the War Department and disallowed because the department 
had no jm-isdiction to consider claims of this nature. It was then presented to the 
Treasury Department in 1884 under the act of June 27, 1882 (22 Stat. L., 111). It was 
disallowed by the Third Auditor on March 10, 1888, on the ground that the act of 
July 27, 1861 (12 Stat. L., 276), made no provision to pay expenses of raising troops 
for state purposes and not called into service by the request or authority of the Sec- 
retary of War or the President. 

On May 29, 1908, the United States Senate, by resolution, referred to the court, 
under the act of March 3, 1887, known as the "Tucker Act," a bill in the following 
words: 

[S. 2951, Sixtieth Congress, second session.] 

"A BILL For the relief of the State of Oregon. 

"Be it enactedby the Senateand House of Representatives of the United States of America 
in Congress assembled, That the sum of three hundred and fifty-eight thousand two 
hundred and thirty-five dollars and sixty-one cents be, and the same is hereby, appro- 
priated, from any money in the Treasiu-y not otherwise appropriated, to pay the 



2 MAIN rAIMN(; SI A IK AIIIJIIA DlHINli TIIK tMVIL WAH. 

State of Oregon, in full !^(Mtli'nu>nt of its claim lor raising, supplying, and t'fiuipping 
it,s volunteer troops and militia during the years eighteen hundred and sixty-one 'o 
eighteen hundred and sixly-five. inclusive.'' 

The claimants appeared and tiled their petition in this court July 1 1, 1908, in wh ch 
they make suhstantially the following allegations: 

That on the 14th day of Octoher, 18(ii. the Chief Executive, acting through iie 
agency of the Hon. William II. Seward, Secretary of State of the United States, 
addressed to the governor of the State of Oregon a letter, a copy of which is hereunto 
annexed, marked "Claimant's Exhibit No. 3," wherein attention was called to the 
necessity for the authorities of said State to place the same in a state of defense; to 
the fact that in previous wars the several States liad independently and by separate 
activity supported and aided the Federal Government in its responsibilities, and 
that "in view of this fact, and relying upon the increase and continuance of the 
same disposition on the part of the loyal States, the President has directed me to 
invite your consideration of the subject of the importance of perfecting the defenses 
of the State over which you preside, and ask you to submit tne subject to the con- 
sideration of the legislature when it shall have assembled. Such proceedings by the 
State would require only a temporary use of its means. The exi)enditures ought to 
be made the subject of conference with the Federal Government. Being thus made 
with the concurrence of the tiovernment for general defense, there is every reason to 
believe that Congress would sanction what the State should do, and would provide 
for its reiml)ursement." 

That in the month of October, 1861, by authority of the War Department, a call 
was made for the raising of a regiment of cavalry in the State of Oregon, to be mustered 
into the service of the United States for a term of three years. Six companies of said 
regiment were raised during the winter of 1861 and 1862, when, by order of the War 
Department, it was directed that recruiting should cease. On January 5, 1863, a 
requisition was made upon the governor of said State for the raising of additional 
companies to fill the regiment. On account of the conditions then existing in that 
country, as hereinafter more fully set forth, and the inadequacy of the pay of such 
troops under the federal laws then existing, it was found impossible to secure recruits 
to fill more than one company. One company was. however, raised and mustered 
into the service of the United States, under the command of Capt. H. C. Small. 

That, commencing with the act of September 28, 1850 (9 Stat. L., 504), Congress 
had j)rovided certain extra i)ay to the officers and enlisted men of the United States 
Army serving or enrolled in Oregon and California in recognition of the difference in 
the conditions existing in that section of the country By said act of September 28, 
1850, it was provided that there should be allowed to each commissioned officer while 
serving in said States, in addition to their regular pay and allowances, a per diem of 
$2 each, and to each enlisted man a per diem, in addition to their regular pay and 
allowances, equal to the pay proper of each as established by existing laws, said 
extra pay to be retained until said enlisted men were honorably di.'jcharged . By 
the act of Congress of August 31, 1852, said appropriation was continued, but the 
amount of extra pay to be paid enlisted men was reduced to one-half; these appro- 
priations were not continued during the civil war, and there were no troops of the 
Regular Army within the State of Oregon after the summer of 1861. 

By the act of Congress of June 17, 1850 (9 Stat. L., 4;?8) the President was author- 
ized to enroll privates by volunteer enlistment in regiments of the Regular Army 
serving at the several military posts on the western frontier, and it was directed that 
whenever such enlistments were made at these posts a bounty equal to the cost of 
transporting and subsisting a soldier from the principal recruiting depot in the harbor 
of New York to the place of such enlistment should be allowed each recruit so enlisted. 
The amount so paid these recruits exceeded $150 per man. This provision was 
repealed by the act of August 3, 1861 (12 Stat. L., 288), although at the time of such 
repeal the conditions which had theretofore existed still obtained. 

In the act of (.'ongress authorizing the President to accept volunteers from the 
governors of the several States (act of July 22, 1861, 12 Stat. L., 268) and in the act of 
July 27, 1861, directing the refund to the governors of such States for expenses prop- 
erly incurred for recruiting, etc., there was no restriction imposed as to the character 
or amount of such proper expenditures to be incurred or reimbursed. 

No troops were raised or recruited by the federal authorities in the State of Oregon 
during the civil war. The pay provided by Congress for volunteers, $13 per month, 
was paid to the Oregon volunteers in legal-tender notes, notwithstanding that in 
Oregon and in the other Pacific coast States and Territories gold was maintained as 
to the standard of value, and such notes had in that section of the United States a 
commercial value of less than half of their face value. The wages of ordinary laborers 
in the State of Oregon at that time ranged from $2 to $5 per day, and the cost of living 

"^0 ■"'. ". 



MAINTAINING STATE MILITIA DURING THE CIVIL WAR. 6 

and the prices of all commercial commodities was correspondingly high, so that it 
became and was impossible for the state authorities to furnish volunteers for service 
without offering certain premiums or inducements as a consideration for enlistment, 
and after consultation and conference with the federal officers in charge of the mili- 
tary department of the Pacific, said State, acting through its governor and legisla- 
ture and at the urgent solicitation of said federal officials, agreed to pay and did pay 
certain considerations for enlistment, as set forth in the succeeding paragraphs of this 
petition. 

On the 5th day of October, 1864, the governor of the State of Oregon addressed a 
communication to the general commanding the district of Oregon, Brig. Gen. Benjamin 
Alvord, stating that the question of passing a law giving bounty for recruits was under 
consideration, but the fact that when they consider that it will run the State in debt 
$150,000 to raise 1,000 men seems to make the legislature hesitate, and that "if a call 
is made for more men, I hope it will be made before the adjournment, so that the 
question will be fairly presented." In reply thereto General Alvord, on October 18, 
1865, addressed a letter to the governor of Oregon, wherein he states: 

"1 feel that it is very important for the public service, as I have continually repre- 
sented to you for a long time, that the legislature of Oregon should pass a law giving 
bounty to volunteers." 

On October 20, 1864, the legislature having meanwhile done nothing in the execu- 
tion of these suggestions, Maj. Gen. Irwin McDowell, commanding the Department 
of the Pacific at San Francisco, Oal., telegraphed to the governor of Oregon that orders 
had been received from the War Department that a regiment of infantry be raised in 
the State of Oregon as soon as possible. 

Upon the receipt by the governor of Oregon of this call he acknowledged the receipt 
thereof as follows: 

" Your telegram requesting a regiment of infantry has just been received. 

" I will do all in my power to raise it, but fear I may not have as good success as 
desired. I recommend the legislature now in session to offer bounties, but now it is 
but one day to the time of adjournment, and I regret to say that I fear a bill introduced 
for that purpose will not pass." 

On the same day said governor advised the general commanding the district of 
Oregon, Brigadier-General Alvord, of the receipt of the call for the regiment of infantry, 
stating that although there has not been a general disposition in the legislature to 
offer bounties, the making of this call will, he thinks, occasion the passing of the bill. 
Upon the receipt by the general commanding the department, Maj. Gen. Irwin 
McDowell, of the letter of the governor of Oregon of October 20, 1864, above quoted, 
said general telegraphed to the governor of Oregon urging the passage of said bounty 
law, and in response to this telegram said governor, on October 28, 1864, addressed to 
General McDowell the following communication: 

'State of Oregon, Executive Department, 

''Salem, October 28, 1864- 
■'General: Your telegram was duly received. I sent to the legislative assembly 
the inclosed message, and a law has been passed giving a bounty of $150 to each vol- 
unteer. Your telegram just in time. Without it the bounty bill would not have 
passed . 

"I have the honor to be, very respectfully, your obedient servant, 

"Addison C. Gibbs, 
"Maj. Gen. Irwin McDowell, 

" Commanding Dejmrtment oj the Pacifif." 

Your petitioner further states that, under stress of the foregoing facts, the legislature 
of Oregon, on October 24, 1864, passed two acts, granting in the first what was termed 
"extra pay," but which was, in reality, an amount equal to the difference between 
the value of coin and that of the currency paid to troops serving in the United States 
Army as volunteers from the State of Oregon, the gold standard being then maintained 
on the Pacific coast and currency being depreciated approximately 50 per cent, and 
the second, a bounty of S150 to each recruit thereafter voluntarily enlisting. 

There being at the time no available funds for the payment of ?uch extra pay and 
bounty, it was provided in said acts that, to carry out their provisions, bords of the 
State should be issued, and by section 6 of the first-named act it was provided that 
bond;- to the amount of $100,000 should be issued, redeemable on the 1st day of July, 
1875, bearing interest at the rate of 7 per cent jaer annum from the date of their issue, 
payable semiannually, coupons for such interest to be attached to each bond. Bj 
section 8 of the second-named act it was provided that similar bonds bearing the same 
rate of interest should be issiied. redeemable on the l=t day of July. 1884. 




4 MAINTAINING STATK MILITIA DURING THE CIVIL WAR. 

IJy anotluT aei, passed October 24, lS(i4, a copy of which is hereunto anuexed, 
marked "Claimant's Exhibit No. 9," an appropriation of $1,000 was made to pay the 
expenses of engraving and printing in connection with the two acts above named. 

On account of the inducements offered by the acts granting extra pay and bounty, 
as above set forth, the officers of said State were enabled to promptly and efficieritly 
comply with said third call for the raising of a regiment of infantry, made, as above 
stated, on the 20th day of October, 1S04, and did raise said regiment, which wai.- there- 
after mustered into the military service of the United States, and it served for the 
common defense of the United States until it was mustered out of service by compa- 
nies at different dates from October 31, 18(55, to July 19, 1867; and also, on account of 
such inducements offered for service in the United States Volunteer Army, said First 
Regiment of Oregon Volunteer Cavalry, recruited under the calls of October, 1861, 
and January, 1863, was continued in such service after the expiration of the original 
terms of service of its veteran volunteers, and, with recruits, continued in the military 
service of the United States until mustered out bv companies at different dates from 
May 26, 1866, to November 20, 1866. 

Your petitioner further states that the difficulties of recruiting troops to serve upon 
the established rates of army pay, after the repeal of the provisions of the acts of 1850 
and 1851, was fully represented to and recognized by the military authorities of the 
United States commanding in that country, and was by the general commanding the 
department duly reported to the \\'ar Department; that on November 20, 1863, the 
general commanding advised the War Department that in the execution of the varied 
duties and responsibilities in that remote department it had frequently been neces- 
sary for him to act promptly and assume responsibilities which in time of peace he 
would have deferred for the action of the General in Chief and War Department; 
that he has done and will thereafter do what seems to be his duty, acknowledging his 
responsibility to the General in (^hief, the Secretary of War, and the President, in 
the concluding paragraph of his letter to the Missovu-i delegation of October 5, and that 
he recjuests of the Secretary of War an approval of all done by him in the matter of 
raising and organizing volunteer organizations in that department, necessary in view 
of the fact that objections may be made by the accounting officers in cases where the 
regulations of the department have not been followed. Inclosed in this communica- 
tion he forwarded a copy of his General Orders, No. 40, modifying the general orders 
relative to recruiting by transferring to the governors of the States and Territories the 
control exercised by commissaries of musters and superintendents of recruiting service. 

Your petitioner further stat-es that the passage of these acts granting extra pay were 
reported to the Secretary of War by the military authorities of said Department of the 
Pacific, and that the troops so recruited were called for and accepted with the knowl- 
edge of the conditions under which said States were requii'ed and did seciu-e their 
enrollment. 

The value to the United States of said bounty law in the State of Oregon and the 
interest of the military authorities of the United States therein is further shown by 
the following letter of the general commanding the district of Oregon: 

"Headquarters, District of Oregon, 

" Van Couver, Wash.. January 10, 1865. 

■'Sir: I learn from Colonel ilaury on his return from Portland that the idea is enter- 
tained by some persons that the act of the Oregon legislature of 24th October, 1864, 
providing for payment of $150 l)Ounty ' to every soldier who shall hereafter enlist for 
three years or during the war in any regiment, battalion, or company now organized 
or hereafter to be organized or raised as part of the (juota of volunteers of this State, 
etc.,' was not intend(>d by the members of the Oregon legislature for any but the First 
Oregon Infantry. 

"I desire to sa> thai this must be a mistake, as at the first of the session I saw that a 
bill had been introduced by Mr. Doniiell, providing for bounties only to the Oregon 
cavalry. 1 instantly wrote to Mr. Donnell begging him to modify the language of the 
bill so as to apply to any troops which might be called for, as no one then knew what 
kind of troops would l)e called for. The hill passed so as clearly to include either 
cavalry or infantry. 

■'It is essential in the new effort to raise the Oregon cavalry that the same bounties 
shall 1)0 promised as have been promised the Oregon infantry. The law clearly and 
unmistakably provides for them. 

' 1 have the honor to be, very respectt'nlly, xour ol)edieni servant, 

"Benj. Alvoki), 
''Brigadier-General, ['. S.' Vnlunterrs. ("nmmandivg Distrivt 

His Kxcellency A. C. Gibbs. 

"(iovemnr of Oregon , Port land, Oreo.'' 



MAINTAINING STATE MILITIA DURING THE CIVIL WAR. 5 

That under said act of October 24, 1864, granting extra pay to the Oregon volunteers 
in the service of the United States, there was expended by your petitioner the sum of 
$90,392.99, the bonds to raise funds for payment to the amount thereof being issued 
on January 2, 1865, and during the period while said bonds were outstanding and 
unpaid, and until the maturity thereof, said State was required to pay and did pay 
interest thereon at the rate of 7 per cent per annum, amounting to the sum of $44,745.20, 
making the total expenditure of said State for extra pay under said act the sum of 
$135,138.19, as will more particularly appear by reference to the vouchers thereof filed 
in this case under the title of "Abstract K." 

Under said act of October 24, 1864, providing for the payment of bounty to volunteers 
thereafter enlisting, said State paid to such volunteers the sum of 1129,041.02, and, 
having no available funds to meet said expenditure, did, on January 2, 1865, issue 
bonds bearing interest at 7 per cent per annum, as therein provided, and did actually 
pay thereon, as interest, the sum of $62,466.45, making a total expenditure of said 
State on this account of the sum of $191,507.47, as will more fully appear by reference 
to the vouchers thereof filed in this cause under the title of "Abstract H." 

And your petitioner further incurred and paid certain expenses in connection with 
the office of the odjutant-general and the service and expenses of recruiting officers 
amounting to the sum of $9,731.33, as will more fully appear by reference to the 
vouchers thereof filed in this case under the title of "Abstract — ." 

Yovu" petitioner necessarily incnn'ed and paid certain expenses of the adjutant-gen- 
eral's office in connection with the recruiting of said troops for postal expenses, amount- 
ing to the sum of $121.72, vouchers for which have been filed in this case iinder the 
title of "Abstract F. " 

And your petitioner further paid certain expenses for services of said adjutant- 
general's office for clerk hire and miscellaneous items, amounting to the sum of $805.66, 
as will more fully appear by reference to the vouchers filed under the title of "Ab- 
stract E." 

And your petitioner further paid certain expenses for services rendered by various 
parties for supplies, printing, services, etc., amounting to the sum of $2,276.63, as will 
more fully appear by reference to the vouchers filed under the title of "Abstract D. " 

And your petitioner fm-ther states that it paid certain expenses of transportation, 
amounting to $724.42, as will more fully appear by reference to vouchers filed under 
the title of "Abstract C. " 

And yoiu" petitioner further states that it paid certain expenses for miscellaneous 
supplies, such as arms, ammunition, and camp equipage, forage, stationery, etc., 
amounting to the sum of $3,998.46, as will more fully appear by reference to vouchers 
filed under the title of "Abstract B. " 

Yom- petitioner further states that it was dmiug the years 1863 and 1864 called 
upon at various times for volunteers for temporary service for periods of a few months, 
and that troops were mustered into such temporary service, occasioning a part of 
the expenses hereinbefore set forth; that in order to be in readiness to meet such 
calls, acting with the full knowledge of the military officers appointed by the War 
Department and the commander of said military district and in the spirit of the 
letter of the Hon. William H. Seward to the governor of the State above referred to, 
it made certain provisions for a state militia, and in order to render such militia 
efficient it was necessary that the same be assembled at various times, and on this 
account the petitioner paid during the years 1863, 1864, and 1865 the sum of $9,907; 
that said militia was not as such mustered into service of the United States, but its 
organization and efficient condition was occasioned and maintained in order to comply 
with the request of the honorable Secretai'v of State, as above set foi'th, and was 
reasonable and necessary to that purpose. 

Your petitioner fmther states that it has been guilty of no laches or delay in the 
preparation or presentation of this claim, but that it duly presented the same to the 
Treasury Department and to the War Department; that said claim was disallowed 
by the War Department because said department had no jurisdiction over claims of 
this nature, and it was disallowed by the Treasury Department for the reason that 
under the construction of the acts of Congress adopted by that department such 
expenses could not be allowed. 

Your petitioner further states that by an act of Congress approved July 27, 1861, 
the Secretaiy of the Treasury was directed to reimburse the States for the costs, 
charges, and expenses properly incurred in enrolling, paying, etc., troops raised for 
service during the civil war, and that under the liberal construction of said act which 
the Supreme Court of the United States (160 U. S., 598) has decided should be applied, 
the foregoing disbm-sements of the State of Oregon should have been allowed and 
paid, in that they were necessary to accomplish the raising of troops for the common 
defense. 



6 iMAfXTAINlXC; STATE AUILITIA ni'HlNG TH K (TVII, WAK. 

The case was brought to a hearing on lovaltv and merits on the 27th dav of Novem 
ber, A. D. 1908. 

Messrs. Ralston & Siddons and W. E. Richardson, esq., apjjeared f(»r the claim&nt, 
and the Attorney-General, by Clark McKercher, esq., his assistant, appearfti for 
the protection and defense of the interests of the United iStates. 

The court, upon the evidence adduced and after considering the argumentri and 
briefs of counsel on both sides, makes the following 

FINDINGS OF FACT. 

I. In the early part of the civil war the federal troops in the State of (Jregon wore 
withdrawn for service m the East, rendering it necessary for the state authoritien 
to raise troops for the protection and defense of the State and its citizens and the 
residents of adjoining Territories. Under various calls made by the War Depart- 
ment, the State raised seven companies of ca\alry and one regiment of iiifantr\ 
during said war, as hereinafter set forth, numbering in all about 1,810 men, which 
were mustered into the United States service and were engaged during the war and 
until the close of the year 1866 in operations against hostile Indians. 

II. In the winter of 1861-62 private citizens of Oregon, pursuant to calls made by 
the United States military authorities of the Pacific coast, raised six companies of 
cavalry, thereafter known as the ' ' First Oregon Cavalry," which were mustered into the 
United States service for the term of three years. On January 5, 1863, to meet the 
then existing demand for troops, a further call was made on the governor of Oregon 
for the raising of six additional companies to complete the regiment of First Oregon 
Cavalry. Efforts were made by the state authorities, assisted by United States ofh- 
cers, to raise these troops, and up to August 10, 1863, they had been successful in 
raising but one comi)any. The terms of enlistment of many of these men would 
expire in 1864, and on October 24 of that year the legislature of the State of Oregon 
passed an act entitled "An act for the relief of the commissioned oflicers and enlisted 
men of the Oregon volunteers in the service of the United States," granting to everj 
Oregon volunteer then in the service of the United States extra pay to the amount 
of $5 per month from date of enlistment to date of discharge. Said act provided 
for the issuance of bonds to the amount of §100,000, bearing interest, at the rate 
of 7 per cent per annum. In the redemption of these bonds the State expended 
for principal and interest the sum of .|135,279.72, and for advertising for the re- 
demption of the bonds before maturitv the sum of $354.10, making a total of 
$135,633.82. 

The amounts so expended under said soldiers' relief act were paid to volunteer^ 
whose terms of service had expired or were about to expire. The payment of same 
was a gratuity on the part of the State and was granted without any authority from 
the United States, ancl the State of Oregon has no claim, legal or equitable, against 
the United States on account of the expenses so incurred. 

III. On October 20, 1864, Major-General McDowell, commanding the Department 
of the Pacific, telegraphed the governor of Oregon that orders had been received by 
him from the War Department that a regiment of infantry be raised in the State of 
Oregon as soon as possible. Upon receipt of .said telegram the governor wrote General 
McDowell as follows: 

"Your telegram requesting a regiment of infantry has just been received. I will 
do all in my power to raise it, but fear I may not have as good success as desired. 1 
recommend the legislature now in session to offer bounties, but now it is but one day 
to the time of adjournment, and I regret to say that I fear a bill intro<luced for that 
purpose will not pass."" 

The conditions then existing in that State on account of the high rale of wages, the 
cost of living, the inadequacy of the pay of United States trooi)s, and the depreciation 
of legal-tender notes in which they were ])aid, as provided by law, made it impossible 
for the state authorities to secure volunteers for the military service without offering 
premiums or inducements as a consideration for enlistment. 

Brigadier-General Alvord, commanding the district of Oregon, in a communic-ation 
to the governor of the Stale dated Oclober IS, 1864. which was tran.'^mitted to the legis- 
lature in a si)ecial message by the governor, stale(l thai he felt it important for the 
public .service, as he had continually represented to ihe governor, that the legislature 
of Oregon should pass a law giving bounty to volunteers; that the inadequacv of the 
pay was especially evident on the Pacific coast, where the depreciation of legal-tender 
notes was discouraging to volunteering. It also appears that immediately after the 
bounty act of October 24. 1864, hereinafter referred lo, was passed, the governor of 



MAIKTAINING STATE MILITIA DUKING THE CI VIE WAR. 7 

vjregon, Addison C Gibbs, sent the following communication to Mnj. Gen. Irwin 
IV. ^Dowell : 

"State of Oregon, Executive Department, 

"Salem, October 28, 1864. 
"GepJEral: Your telegram was duly received. I sent to the legislative assembly 
the inclosed message, and a law has been passed giving a bounty of $150 to each vol- 
unteer. Your telegram just in time. Without it the bounty bill would not have 



" I have the h(mor to be, very respectfully, your obedient servant, 

"Addison 0. Gibb.s. 
"Maj. Gen. Irwin McDowell, 

" Commfmdhiff Department of the Panjir.^' 

On October 20, 1804, the governor sent a special message to the legislature of the 
State, informing it of the call made by the War Department for a regiment of infan- 
try and quoting from General Alvord's letter, above referred to, recommending the 
passage of a law granting bounty to volunteers. 

Thereupon the legislature of the State, acting upon the suggestion of General Alvord, 
passed an act approved October 24, 1864, granting a bounty of $150 to every soldier 
who should thereafter enlist for three years or during the war in any regiment, company, 
or troop, then or thereafter to be organized, and by said act appropriated and set aside 
a fund of $200,000, called the Soldiers' Bounty Fund, for paying said bounties. 

The State at the time was without available funds for the purpose of carrying into 
effect the provisions of said act, and to provide for the fund thereby created authorized 
the issuance of bonds, redeemable July 1, 1884, bearing interest at the rate of 7 per 
cent per annum from the date of issue. Thereafter the State raised one regiment of 
infantry, known as the First Oregon Infantry, which was mustered into the service 
of the United States for three years, and recruited all the companies of the First Oregon 
Cavalry whose terms of enlistment had expired. 

In the raising of said regiment of infantry the State issued to soldiers enlisting after 
the passage of said act 2,760 bonds of the State of the par value of $50 each, and in the 
redemption of said bonds it necessarilv and properlv expended the following amounts: 
For principal, the sum of $129,041.02; for interest thereon the sum of $63,868, and 
for advertising for the redemption of bonds before maturity the sum of $481. The 
State also expended in connection with the raising of said troops and the payment of 
bounty under said act, the sum of $153 for printing said bounty bonds, warrants, com- 
missions, bounty certificates and bond books, making a total expenditure under said 
bounty act on account of bounties paid to volunteers mustered into the United States 
service of One hundred and ninety-three thotisand five hundred and forty-three 
dollars and two cents ($193,543.02), no part of which appears to have been repaid to it. 

IV. The troops so organized and mustered into the United States service as afore- 
said were never actually called into the service of the United States in the suppression 
of the war of the rebellion, but were engaged exclusively in the State of Oregon and 
adjacent Territories in the suppression of Indian outbreaks. 

V. At the time of the passage of the act of the legislature of the State of Oregon of 
October 24, 1864, the act of July 4, 1864 (13 Stat. L., 379), granting botmty to one, two, 
and three year volunteers was in force and the records of the Treasmy Department in 
the office of the Auditor for the War Department show that the enlisted men of the 
First Oregon Infantry were paid bounties by the United States under that act. 

Said records also show that the enlisted men of the First Battalion of Cavalry, Oregon 
Volunteers, were paid bounties by the United States under the act of Congress of July 
22, 1861 (12 Stat. L., 268, sections 5 and 6), and orders of the War Department, series 
of 1863, legalized by joint resolution of January 13, 1864 (13 Stat. L., 400). 

VI. The legislature of Oregon passed an act approved October 16, 1862, providing 
for an enrolled militia out of which the organized militia of the State should be formed. 
Companies were raised, equipped, and drilled, and the State expended during the 
years 1863 to 1865, in raising, supplying, and equipping said militia the sum of six 
thousand three hundred and twenty-three dollars and forty-four cents ($6,323.44). 

No part of said militia was ever in the military service of the United States, and 
the State of Oregon has no claim, legal or equitable, against the United States for 
expenses incurred by the State in raising, supplying, and equipping the same. 

VII. This claim was first presented to the War Department and was disallowed, 
because that department had no jurisdiction to consider such claims. It was then 
presented to the Treasury Department in 1884 under the act of June 27, 1882 (22 Stats. 
L., Ill), and was disallowed on the ground that the act of July 27, 1861 (12 Stats. L., 
276), made no provision to pay the expenses of raising troops for state purposes. 



8 



MATNTAININ(J 8TATK MILITIA DURING THE CIVIL WAB. 



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Thereafter the claim was preHented to the Fiftieth and subsequent Congresses an ( fe-v .;•■ 

was transmitted to the court by resolution of the United States Senate, as hereinbeA~.re ?,■.'.;!''! 

set forth. f?:;':;- 

By THE Court |' !.•,;' 

Filed December 31, 1908. liiM 

A true copy . ^'.i.'y.y'. 

Test this 29th dav of April, 1909. zP^"i 

[seal.] John Randolph, XsV-v.: 

Assistant Clerk Court of Claims . ■-'';';:•;•. 



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LIBRARY OF CONGRESS 



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013 704 353 1 



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LIBRARY OF CONGRESS 




013 704 353 1 




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